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Question: MY BOYFRIEND AND I LEAVE IN ABILENE TX, AND HIS EX LIVES IN MESA AZ, WE HAVE TO DRIVE 13 1/2 HOURS TO PICK UP HIS 4YR OLD SON, IS THERE NOT ANYTHING WE CAN DO TO CHANGE THE ORDER TO HAVE HER MEET US? THINGS HAVE CHANGED SINCE THE ORDER WAS WRITTEN, HIS JOB HAS CHANGED AS WELL! SHE DOESN'T FOLLOW THE ORDER LIKE SHE IS SUPPOSED TO, WE HAD TO CALL THE POLICE LAST TIME BC SHE WASN'T HOME FOR US TO DROP HIM OFF. ITS GETTING REALLY FRUSTATING

Answer: Either parent may request in writing that the court modify a custody order. To change an existing order it must be shown that the best interests of the child are served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged; however, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health. If a form of joint custody has been ordered, a modification may be requested at any time if there is evidence that domestic violence, spousal abuse or child abuse has occurred since the date the last order was granted. In a joint custody situation, a parent must wait six months before seeking a modification if the reason for the request is that one parent has failed to obey the court's custody order.

QUESTIONS

  • MY BOYFRIEND AND I LEAVE IN ABILENE TX, AND HIS EX LIVES IN MESA AZ, WE HAVE TO DRIVE 13 1/2 HOURS TO PICK UP HIS 4YR OLD SON, IS THERE NOT ANYTHING WE CAN DO TO CHANGE THE ORDER TO HAVE HER MEET US? THINGS HAVE CHANGED SINCE THE ORDER WAS WRITTEN, HIS JOB HAS CHANGED AS WELL! SHE DOESN'T FOLLOW THE ORDER LIKE SHE IS SUPPOSED TO, WE HAD TO CALL THE POLICE LAST TIME BC SHE WASN'T HOME FOR US TO DROP HIM OFF. ITS GETTING REALLY FRUSTATING

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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